non compete memo.pdf

NON-COMPETITIVE MEMORANDUM

FOR SIMPLIFIED ACQUISITION ACTIONS

1. REQUIRING AGENCY: Department of Justice/Bureau of Prisons (BOP), USP Canaan, Waymart, PA

2. NATURE/DESCRIPTION OF ACTION BEING APPROVED: Sole source acquisition to:

Associated Steam Specialty Company/ Boiler Pro Solutions

Amt: $53,038.24

3. DESCRIPTION OF SUPPLIES OR SERVICES REQUIRED TO MEET THE AGENCY'S NEEDS: Agency requires food subsistence for feeding of inmate populations, and to cook/heat/boil all non ovenable food service items a food service kettle is utilized. Due to the current steam boiler being inoperable, the current food service kettle is inoperable preventing current food service items from being utilized and being substituted with more expensive items.

4. AUTHORITY AND SUPPORTING RATIONAL: Acquisition is conducted under the authority of 41 U.S.C.

1901(e). In accordance with FAR 13.106-1(b)(1) for purchases not exceeding the simplified acquisition threshold, the contracting officer may solicit from one source if the contracting officer determines the circumstances of the contract action deem only one source reasonably available.

Without replacement to the High-Pressure Steam Boiler in the food service area, the food service kettle system will remain operable and alternative food service items are currently being utilized costing the government in excess of $3000 daily. In addition, this system is currently utilized as a backup for heating source for the inmate laundry area and inmate sanitation area.

limely replacement of this steam boiler was imperative to prevent an undue burden financially to the Government.

Furthermore, without complying with Bureau of Prisons National Menu this could have caused grave danger to the safety of the inmate population and possibly staff. This was imperative to remedy in a timely manner.

An award was made based on an exacted replication to the existing boiler, which the vendor had in stock and delivered within two days of award. Furthermore, all operating parts from the original boiler will be utilized as replacement parts for the new boiler. Installation and maintenance on this boiler will be done utilizing USP Canaan Facilities Staff.

5. ACTIONS TO REMOVE OR OVERCOME ANY BARRIERS TO COMPETITION BEFORE ANY

SUBSEQUENT ACQUISITIONS: Any future procurements will be handled accordingly with all federal, state regulations, and in accordance with the Federal Acquisition Regulations, and Bureau of Prisons Acquisition Policy to overcome any barriers to competition.

Efforts were made to obtain price quotes from other vendors, however due to the geographic location, only one vendor was authorized to sell the Pottstown Engineered Products VT-35 in Eastern PA.

6. FAIR AND REASONABLE PRICING:

In accordance with FAR 13.106-3(a), pricing proposed is determined fair and reasonable as it is similar with prices found reasonable on previous purchases of similar items.

TECHNICAL CERTIFICATION: